A Delhi Court has passed a judgement that husband’s forcible sex with wife does not amount to ‘ marital rape ‘.

New Delhi, Dec 4/ dainik bhaskar and agencies – In a significant judgement, a court in India has said husband’s forcible sex with his wife does not amount to “marital rape”.

The judgement was passed by District judge of a court in Indian capital, Delhi.

According to media reports, District Judge JR Aryan agreed with the defence counsel of accused Hazi Ahmed Saeed that the Indian Penal Code does not recognise any concept of “marital rape.”

The wife of Saeed had accused her of having forcibly sex with her without her consent.

“Defence counsel has rightly argued that Indian Penal Code does not recognise any such concept of ‘marital rape’. If complainant was a legally-wedded wife of accused, thesexual intercourse with her by accused would not constitute offence of rape even if it was by force or against her wishes,” the court said.

According to reports, Saeed’s wife had filed the case in 2007 alleging that after her first husband’s death, Saeed started visiting her and by expressing sympathy, he asked her to marry him.

She had told the court that she married Saeed in February 2006. “Later, I came to know that he had married me only to grab my property, which was then sold by him and his four sons,” she had alleged.

Police in its charge sheet had stated that Saeed had maintained physical relations with the woman after their marriage and it could be a possibility that those physical relations were against her consent and wish.

Indore: A photographer, who had taken the photos at the murder spot of RTI activist Shehla Masood, today deposed before the Special CBI court here and was cross examined by defence counsels in the case.

Photographer S C Sharma, who accompanied the forensic science experts after Shehla was allegedly murdered outside her house in Bhopal on August 16, 2011, appeared before the Special CBI Court of Justice Anupam Srivastava.

During cross examination by defence counsel A J Bhojwani, Sharma told the court that while taking pictures, the bullet could not be spotted from outside.

The witness also showed the court 22 pictures that he took with a camera using a “roll” (not digital camera).

While being cross examined by defence counsel Sunil Srivastava, Sharma admitted that he had not entered the log book of his visit to the site, nor signed anywhere in the official register. Prints were made out of the negative film and were handed over to the competent authority, the photographer told the court.

Later, defence lawyer Sunil Srivastava told reporters that the photos were taken “illegally” by not observing official norms.

“The prosecution witness could not reply from where he brought the camera and roll. The film was developed either in an outside studio or private institution,” Srivastava alleged. The trial will now continue on December 13.

Zahida Pervez, an interior designer, has been named as the prime accused in the case by CBI along with four others.